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Tagged with Extrajudicial killing

A Supreme Court-appointed committee probing six cases of alleged extra-judicial killings in Manipur informed the court on Thursday that these were not genuine encounters and the victims, including a 12-year-old boy, did not have any criminal records.

A bench comprising Justices Aftab Alam and Ranjana Prakash Desai perused the committee’s report which said none of the six cases qualify as encounters and they are fake.

The committee, comprising of former Supreme Court judgeSantosh Hegde, ex-CEC J.M. Lyngdoh and a senior police officer, has said in its report that the probe showed that none of the victims had any criminal records.

The bench said the report makes it clear that the guidelines on encounters laid down by the apex court in the Naga People’s Movement case was not followed.

Appropriate directions will be passed on the basis of the panel’s report on April 9, it said.

The Supreme Court on January 4, had decided to appoint the committee to hold an inquiry into the alleged fake encounter killings in Manipur.

The panel was set up to probe six cases of alleged extra- judicial killings in the Northeast State where a magisterial inquiry had raised questions on genuineness of the encounters.

The apex court had appointed the panel on a PIL filed by an association of the families of the alleged victims, seeking setting up of a special investigation team and direct inquiry into around 1,528 such cases.

The association had alleged in its plea that over 2,000 odd extra-judicial killings have taken place in the State, but no one has been held guilty till date.

It had alleged that innocent people with no criminal records have been killed by security forces and no proper investigation has been done in such cases.

The apex court while deciding to form the panel had said, “Magisterial inquiry does not inspire confidence as it is not satisfactory and none, including the Army personnel, appeared before it.”

It had, however, turned down the plea for SIT probe and also refused to go into the legality of Armed Forces (Special Powers) Act which grants special powers to the security personnel in disturbed areas.

On July 4, 2012, the apex court had agreed to hear a similar plea for probe into alleged extra-judicial killings by BSF in the border area of West Bengal.

In that case, petitioner Bangla Manabadhikar Suraksha Mancha, a Kolkata-based NGO, had alleged that there are more than 200 cases where BSF personnel indulged in extra-judicial killings and torture in the border area and those cases were never probed by the state police.

The NGO had alleged that instead of registering FIRs against the BSF personnel, these were registered against the deceased and the cases were closed on that basis.

The Supreme Court has finally agreed to appoint a commission to inquire into encounter killings in Manipur.The commission comprising former apex court judge Santosh Hegde, former CEC J M Lyngdoh and a police officer will inquire into the five encounter killings, ruled the apex court.

Earlier, on November 5, the apex court rapped the Manipur government for not filing a report on alleged extra-judicial killings in the state, saying “people are dying out there”. A bench headed by justice Aftab Alam directed Manipur to file its response within two weeks and also asked the attorney general to assist the court in deciding the case. “Do it quickly. People are dying out there. File your report by November 19,” the bench said when the counsel appearing for the state sought six weeks’ time to file the response.

The court’s order came on a public interest litigation (PIL) initiated by an association of the families of the alleged victims, pleading with the apex court to set up a special investigation team and direct inquiry into all such cases. The association said over 2,000 extra-judicial killings have taken place in the state, but no one has been held guilty till date. The petitioner said innocent people with no criminal record had been killed by the security forces and no proper investigation had been carried out in such cases. The NGO had alleged that instead of registering FIRs (first information reports) against BSF personnel, they were registered against the dead and the cases closed.

Are we in a state of war, asks SC

IMPHAL, November 23 , Agencies : The Supreme Court today came down heavily on Manipur government with regard to the case of extra-judicial killings in Manipur.

The case was heard in the Supreme Court of India for the third time today, 23 November 2012 and it was greatly disturbed by the attitude and orientation of the affidavit filed by the Government of Manipur.

The apex court asked the Manipur government counsel “How a State Government could file an affidavit stating that they are killing “us” and so we are killing “them”. Are we in a state of war?”

Referring to section asking the National Human Rights Commission to respond to the cases taken up by them, the Court wanted to know “Are you making the National Human Rights Commission an alibi to all the killings”?

The Court took the matter seriously and asked the Additional Solicitor General of India to be present in the Court. The matter was passed over.

Later in the day, in the presence of the Additional Solicitor General, the court ordered the Central Government and the National Human Rights Commission to file their affidavit by 2 December and fixed 4 December as date of the next hearing.

The Supreme Court had earlier on November 5 rapped the Manipur Government for not filing its report on alleged extra- judicial killings in the state, saying “people are dying out there”.

A bench headed by Justice Aftab Alam directed the government to file its response within two weeks and also asked the Attorney General to assist it in deciding the case.

“Do it quickly. People are dying out there. File your report by November 19,” the bench said when the counsel appearing for the state sought six weeks time to file the response.

The apex court had on October 1 expressed concern over spate of alleged extra-judicial killings in the state and issued notices to the Centre and the state government on a plea for an independent probe into around 1,500 such cases.

The court’s order came on public interest litigation (PIL) petition by Extra-judicial Executions Victim Families Association Manipur (EEVFAM), an association of the families of the alleged victims, pleading with the apex court to set up a special investigation team and direct inquiry into all such cases.

The association said over 2000 odd extra-judicial killings have taken place in the state but no one has been held guilty till date.

The petitioner alleged innocent people with no criminal records have been killed by the security forces and no proper investigation has been done in such cases.

“Not only were there no criminal investigations and prosecutions of the guilty, even departmental enquiries were not conducted and no policemen or personnel of the security forces punished departmentally for their actions.

“The magisterial enquiries that took place sometimes were conducted by the executive magistrates under the cover of secrecy and most often without intimation to the eyewitnesses and the members of the families. They were conducted as eyewash,” the petition said.

x court to set up a special investigation team and direct inquiry into all such cases.

The association said over 2000 odd extra-judicial killings have taken place in the state but no one has been held guilty till date.

The petitioner alleged innocent people with no criminal records have been killed by the security forces and no proper investigation has been done in such cases.

“Not only were there no criminal investigations and prosecutions of the guilty, even departmental enquiries were not conducted and no policemen or personnel of the security forces punished departmentally for their actions.

“The magisterial enquiries that took place sometimes were conducted by the executive magistrates under the cover of secrecy and most often without intimation to the eyewitnesses and the members of the families. They were conducted as eyewash,” the petition said.

The Supreme Court on Monday took strong exception to the Manipur government’s delay in filing a report on alleged extra-judicial killings in the state and told them to start working on it within 24 hours considering innocent people were reportedly getting killed.

“Take this matter seriously. It is not a simple civil suit or a case of partition. Innocent people are dying out there. They are being killed. Start working on it in 24 hours. Do it quickly,” said a Bench led by Justice Aftab Alam after Manipur’s counsel sought four weeks to file an affidavit in response.

The court, however, gave the state time till November 21 to file its reply and fixed the matter for further hearing for November 23.

The apex court had on October 1 issued notices to the Centre and state government on a plea for an independent probe into around 1,500 such cases. It was hearing a PIL initiated by an association of the families of the alleged victims, pleading with the apex court to set up a special investigation team and direct inquiry into all such cases.

The association claimed that despite so many extra-judicial killings, no one has been held guilty till date. The petitioner said that innocent people with no criminal record had been killed by the security forces and no proper investigation had been carried out in such cases.

The Extrajudicial Executions Victims’ Families Association (EEVFA) had filed the petition before the apex court seeking the constitution of a special investigation team (SIT) to probe the extra judicial killings in the state since 1978.

Appointing Menaka Guruswamy, a Supreme Court lawyer, as the amicus curiae into the matter, the bench consisting Justice Aftab Alam and Justice Ranjana Prakash Desai set 4 November as the next date of hearing.

The petition also claimed that the killings took place when the victims were in the custody of police or other security forces.

The petition also stated that neither departmental enquiries were conducted into such killings nor the criminal investigations.

“Magisterial inquiries that took place sometimes were conducted by the executive magistrates under the cover of secrecy and most often without intimation to the eyewitnesses and the members of the families. They were conducted as an eyewash.” the petition said.